Karnataka High Court
Directorate Of Enforcement vs Union Of India on 6 February, 2025
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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WP No. 30424 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 30424 OF 2024 (GM-RES)
BETWEEN:
DIRECTORATE OF ENFORCEMENT
3RD FLOOR, B BLOCK, BMTC,
SHANTHINAGAR, TTMC K.H.ROAD,
BENGALURU-560027, REPRESENTED BY
ITS ASSISTANT DIRECTOR.
...PETITIONER
(BY SRI. PRASANNA KUMAR P., ADVOCATE)
AND:
1. UNION OF INDIA
MINISTRY OF ELECTRONICS AND INFORMATION
TECHNOLOGY, BY IT SECRETARY,
ELECTRONICS NIKETAN, 6, CGO COMPLEX,
LODHI ROAD, NEW DELHI -110003,
REPRESENTED BY ITS ASSISTANT SOLICITOR
GENERAL, HIGH COURT OF KARNATAKA,
BENGALURU-560001.
2. UNIQUE INDENTIFICATION AUTHORITY OF INDIA
(UIDAI) 3RD FLOOR, SOUTH WING,
BK
MAHENDRAKUMAR
Digitally signed by B K
MAHENDRAKUMAR
Location: High Court of
KHANIJA BHAVAN, 49, RACE COURSE ROAD,
BENGALURU-560001, REPRESENTED BY
Karnataka, Dharwad Bench
Date: 2025.02.07 11:09:33
+0530
ITS DEPUTY DIRECTOR.
...RESPONDENTS
(BY SRI. SHANTHI BHUSHAN H., ASSISTANT SOLICITOR GENERAL)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE
CONSTITUTION OF INDIA R/W SECTION 33 OF THE AADHAAR
PRAYING TO, ISSUE A WRIT IN THE NATURE OF MANDAMUS TO
RESPONDENT NO.2 PERMITTING THE PETITIONER TO EXAMINE
THE AADHAAR DATABASE OF 21 PERSONS INCLUDING IDENTITY
INFORMATION OR AUTHENTICATION RECORDS AS PER SEC. 33
OF THE AADHAAR ACT, 2016 TO VERIFY WHETHER ANY CHANGE
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WP No. 30424 of 2024
OF NAME, ADDRESS, PHONE NUMBER ETC., HAVE BEEN MADE IN
RESPECT OF THE AADHAAR NUMBERS AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
1. The petitioner is the Enforcement Directorate seeking a writ in the nature of Mandamus directing the respondent No.
- 2 - Unique Identification Authority of India (UIDAI) to permit the petitioner to examine the Aadhar database of 21 persons including the identity information or authentication records as per Section 33 of the Aadhar Act, 2016 to verify whether any change has been made in respect of the Aadhar numbers.
1.1. Additionally, the petitioner seeks a writ in the nature of Mandamus to direct the respondent No. - 2 - UIDAI to share the correct/true details of the following 19 Aadhaar numbers, such as the name, address, photograph, date of birth.
Sl. Name Accou Aadhar Amount Remarks
No. nt No. Number Paid in
the
Account
from
KIADB in
INR
1. Mallaya 006910 3459 6130 37260952 The bank account
Gangayya 400013 1547 has been opened
Shambalmath 4453 with fake identity and
C/o. address. Identified
original person. He
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Gangayya has not received the
Aralikatti, compensation. The
Haveri, land does not belong
Aralikatti, to him. He is a
mediator for Santosh
Karnataka-
Jain & Bharat Jain.
581109 Needs further
investigation
2. Mahadev 006910 5290 4387 6080000 No Such address
Basappa 400013 6218 exists. The account
Chalwadi 4606 has been opened by
C/o Basappa the accused persons
and the transactions
Chalwadi
in the same have
Ward No.22 been undertaken by
Ganesh the accused persons
Nagar
Vijayapur,
Bijapur,
Karnataka-
586109.
3. Rajeshwari 006910 8117 5372 1888224 Not received
Basalingappa 400030 2618 compensation.
Yaragatti 5525 Account opened with
C/o. fake ID Proof and
address. Filed FIR
Rasalingappa,
with Vidyagiri police
3rd Cross, Chargesheet filed.
Kata Market
Road, Hubli,
Dharwad,
Hubli,
Karnataka-
580029.
4. Vinayak 006910 9162 1898 1353227 The address is fake.
Shankarao 400020 5588 No such address
Nayik C/o. 5549 exists. The account
Shanbkrao has been opened by
the accused persons
Deshpande
and the transactions
Nagar Hubli, in the same have
Dharwad, been undertaken by
Karnataka- the accused persons
580029.
5. Gurushanth 006910 4278 8456 20887020 The address is fake.
Veerappa 400025 3469 No such address
Valasangi S/o. 1440 exists. The account
Veerappa has been opened by
the accused persons
Valasangi,
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271 Near and the transactions
Durga Devi in the same have
Temple Vikas been undertaken by
Nagar, the accused persons
Dharwad,
Hubli,
Karnataka
6. Fakkirappa 006910 9488 4129 20345000 The address is fake.
Yallappa 400025 5117 No such address
Bojagar 2218 exists. The account
S/o. Yellappa has been opened by
the accused persons
Bojagar 154,
and the transactions
Near Durga in the same have
Devi Temple, been undertaken by
Vikas Nagar, the accused persons
Dharwad,
Hubli,
Karnataka
7. Nagappa 006910 2208 2783 25805000 The address is fake.
Yallappa 400025 0718 The person has
Bellari 2607 passed away in
S/o. Yallappa 2019. Fake account opened and payment Bellari 120, made in 2022.
Nekarnagar, Recorded statement 3rd cross, from his brother.
Hubli Obtained death
certificate.
8. Shivaraj 006910 28860000 The account has
Dyamanna 400025 8152 6363 been opened with
Dandeli 2638 4858 fake ID and address
S/o. proof. Identified
original person
Dyamanna
recorded statement
Dandeli, 160, under section 50 of
Annandnagar PMLA 2002. He has Old Hubli not received money.
Dharwad-
580024
9. Krisha 006910 9337 5480 29185000 The account has Yallappa 400025 2660 been opened with Bellari 2713 fake ID and address S/o. Yellappa proof. Identified original person Bellari 771, recorded statement Near Water under section 50 of Tank, PMLA 2002. He has Annandnagar, not received money.
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580024.
10. Shantilal 006910 9156 6705 29634624 The account has Dhanraj Jain 400025 1190 + been opened with S/o. Dhanraj 2744 41026907 fake ID and address Jain, MR = proof. Identified original person Nagar, 2nd 70671531 recorded statement cross, under section 50 of Dharwad- PMLA 2002. He has 580001. not received money.
11. Muralidhar 006910 5074 3129 41145000 The account has Shrinivasrao 400013 0253 been opened with Jagirdhar 4279 fake ID and address C/o. proof. Identified original person Srinivasrao, recorded statement 93 Sri under section 50 of M.Visveswara PMLA 2002. He has yyanagar, 3rd not received money.
Cross Belagavi, Karnataka-
590001.
12. Unspecified Unspeci 5182 5691 Unspecified Unspecified fied 6295
13. Danappa 071610 3440 7176 13275000 The address is fake.
Fakirappa 400028 6157 No such address
Durgada 6916 exists.
Murkvada,
Shivpur,
Uttar
Kannada,
Karnataka-
581329.
14. Ganapati Bhat 071610 8117 4799 5332262 The address is fake.
S/o. Ishwar 400028 3456 No such address
Gouli Galli 6985 exists. Identified
Malamaddi, original person
recorded statement
Dharwad-
under section 50 of
580001. PMLA 2002. He has
not received money..
15. Shivaram 006910 9071 4629 4080000 The address is fake.
Anant 400027 3341 No such address
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Daddikar C/o. 0304 exists. The account
Anant has been opened by
Daddikar, the accused persons
Ward No.10, and the transactions
in the same have
Dyamanavana
been undertaken by
Gudi oni, the accused
Dharwad, persons.
Karnataka-
580001.
16. Manidhar 071610 3041 3983 13275000 The address is fake.
Langote S/o. 400025 2364 No such address
Peer Saab 86954 exists.
Shantinagar,
New
Gavathan
Bailahongal,
Belagavi,
Karnataka-
5911104.
17. Madarasaab 006910 7740 2273 35360000 The address is fake.
Khadarsaab 400025 4983 No such address
Halabavi, C/o. 2706 exists. The account
Khadarsaab has been opened by
the accused persons
Halabavi, 342
and the transactions
Nehrunagar, in the same have
Dharwad, been undertaken by
Karnataka- the accused
580003. persons.
18. Veeranna 006910 3424 1720 27000000 The address is fake.
Shivappa 040002 1198 No such address
Sajjannar C/o. 52201 exists. The account
Shivappa has been opened by
the accused persons
Sajjannar,
and the transactions
Hubli, in the same have
Dharwad, been undertaken by
Karnataka- the accused
580024. persons.
19. Shivanagoud 006910 9288 0255 25155000 The address is fake.
Venkanna 400025 5630 No such address
Gaouda Patil, 2614 exists. The account
Goudra has been opened by
the accused persons
Street,
and the transactions
Hirehonnihalli, in the same have
Dharwad- been undertaken by
580114. the accused
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persons.
2. The petitioner contends that the above is sought in pursuance of an investigation under-way in ECIR No. BGZO/40/2023 dated 30.11.2023, registered under the provisions of the Prevention of Money Laundering Act, 2002 (PMLA), in the case of VD Sajjan and others, where fraudulent bank accounts were opened in the names of impersonated individuals, and fraudulent / double / second compensation has been routed from the Karnataka Industrial Area Development Board (KIADB) into the said fraudulent bank accounts.
2.1 Subsequently, the monies deposited in the said accounts has been withdrawn in cash or further routed/layered into other bank accounts. The said bank accounts have been allegedly created by falsifying Aadhar data, whereby Aadhar cards were fraudulently obtained in the names of impersonated individuals.
3. The factual matrix of the matter at hand involves a case of a parcel of land measuring 12 Acres & 10 Guntas of land situated in sy. no. 150 and another parcel of land measuring 22 Guntas of land situated in sy. No. 154, in Mummigatti village, in Dharwad District, which was acquired by the KIADB in the year 2012, and the compensation of an amount of INR 3,32,43,438/-, payable against the same was -8- NC: 2025:KHC:5438 WP No. 30424 of 2024 paid vide cheque bearing no. 572241, dated 25.07.2012, to the landlord, one Shri Sanjay A Desai. The RTC in respect of the said lands stands in the name of KIADB, since 2012, and the said landlord is on record to have never made any subsequent claim for additional compensation.
4. However, one Shri VD Sajjan who was the Special Land Acquisition Officer at KIADB, in collusion with unknown individuals - within and outside of KIADB has allegedly fraudulently sanctioned a compensation for the second time amounting to INR 3,17,85,000/- for the said lands, again on 28.02.2022. The said amounts were transferred into an IDBI Bank at Hubli, bearing Account No.0069104000251846, opened in the name of Shri Sanjay Abbasaheb Desai, purported to reside at Shri Ram Nagar, Dharwad, Karnataka - 5800007.
5. Shri P Prasanna Kumar, appearing for the petitioner- Enforcement Directorate submitted that investigation has revealed that the above address is non-existent, as were the Aadhar details. One Shri Sunil Surendra Yadav has impersonated Shri Sanjay Appasaheb Desai, as corroborated / confirmed by the statement of the bona fide landlord - Shri Sanjay Appasaheb Desai, as recorded under Section 50 of PMLA, on 28.02.2024.
-9-NC: 2025:KHC:5438 WP No. 30424 of 2024 5.1. The learned Counsel further contended that the true details of the above mentioned at paragraph no. 1.1. is essential for investigation in the offence of money laundering and pertinently, to trace the transfer of monies, which are proceeds of crime. Therefore, the learned Counsel contends that in view of provisions contained in Section 33 of the Aadhar Act, 2016, this Court issue a direction to the respondent No. 2 to disclose the required information, as the investigation of the case at hand reveals that modus operandi of the alleged perpetrators of the said offence was creation of fake bank accounts using manipulation and impersonation of the Aadhar database.
6. Shri Shanti Bhushan, the learned Deputy Solicitor General appears for respondents herein and submitted that respondents herein cannot disclose the requisite information, without specific orders of this Court.
7. Heard the learned counsels and perused the materials on record. The issue that emerges for consideration is whether the petitioner-Enforcement Directorate has made out a case for the issuance of a writ of mandamus, directing respondent No. 2 to disclose the identities and details of the persons whose Aadhar details have been impersonated to obtain fake identity which in turn has been used to open bank accounts and siphon off the proceeds of crime.
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8. The relevant facts necessary for disposal of the case at hand have been adequately captured in the preceding paragraphs and require no further elaboration.
9. The present petition being filed under Article 226 of the Constitution of India read with Section 33 of the Aadhar Act, 2016 requires a reference to the governing statutory provision.
9.1. Section 33 of the Aadhar Act, 2016 deals with disclosure of identities, and reads thus -
33. Disclosure of information in certain cases.--(1) Nothing contained in sub-section (2) or sub-section (5) of section 28 or sub-section (2) of section 29 shall apply in respect of any disclosure of information, including identity information or authentication records, made pursuant to an order of a court not inferior to that of a Judge of a High Court:
Provided that no order by the court under this sub- section shall be made without giving an opportunity of hearing to the Authority and the concerned Aadhaar number holder.
Provided further that the core biometric information shall not be disclosed under this sub-section. (2) Nothing contained in sub-section (2) or sub-section (5) of section 28 and clause (b) of sub-section (1), sub-
section (2) or sub-section (3) of section 29 shall apply in respect of any disclosure of information, including
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Provided that every direction issued under this sub- section, shall be reviewed by an Oversight Committee consisting of the Cabinet Secretary and the Secretaries to the Government of India in the Department of Legal Affairs and the Department of Electronics and Information Technology, before it takes effect:
Provided further that any direction issued under this sub-section shall be valid for a period of three months from the date of its issue, which may be extended for a further period of three months after the review by the Oversight Committee.
10. The above Section clearly envisages a disclosure pursuant to an order of a Court not inferior than this Court, and the Apex Court in the case of K.S. Puttaswamy v. Union of India, 2019 1 SCC 1, has observed that the data may be collected/disclosed to the Executive in pursuance of legitimate purposes, including prevention and investigation of crimes. In the instant case, an investigation into an offence of money laundering being legitimate state interest and the petitioner herein being statutorily empowered to investigate into an offence under PMLA, it is appropriate that a Mandamus be
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11. A coordinate Bench of this Court in the case of National Investigation Agency, Hyderabad v. Union of India, in W.P. No. 2360/2022 : DD 10.08.2022 dealt with a case of a requisition sought in relation to investigation into an offence of cross-border human trafficking and prostitution of women, and observed therein while granting Mandamus that the petitioner-agency "shall not use the subject information & documents for any purpose alien to the investigation of the offences and prosecution of the offenders".
Accordingly, I order the following:
ORDER i. The instant petition is allowed.
ii. The respondent No. 2 is directed to permit the petitioner to examine the Aadhar database of the persons/numbers enumerated below, including identity information or authentication records, to verify whether any changes of name, address, phone number, etc. have been in respect of the Aadhar numbers.
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NC: 2025:KHC:5438 WP No. 30424 of 2024 iii. The respondent No. 2 is directed to share the correct/true details - addresses, photographs, dates of birth, etc., with the petitioner of the following 19 Aadhar Nos. - 3459 6130 1547, 5290 4387 6218, 5290 4387 6218, 8117 5372 2618, 9162 1898 5588, 4278 8456 3469, 9488 4129 5117, 2208 2783 0718, 8152 6363 4858, 9337 5480 2660, 9156 6705 1190, 5074 3129 0253, 5182 5691 6295, 3440 7176 6157, 8117 4799 3456, 9071 4629 3341, 3041 3983 2364, 7740 2273 4983, 3424 1720 1198, 9288 0255 5630.
iv. The petitioner is hereby directed to not use the subject information and documents for any purpose alien to the investigation of the offences and prosecution of the offenders.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE HR Ct:vh List No.: 19 Sl No.: 2